IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090013853
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show his current name.
2. The applicant states that he wants his military records to show his current name of KC B----- so that his tombstone will be correct when he dies.
3. The applicant provides, in support of his application, copies of his record of induction, training certificate, assignment orders, Honorable Discharge Certificate, birth certificate, marriage license, certificate of trial juror service, and correspondence from the Social Security Administration.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United State on 13 October 1966 under the name of P--- KC B-----. He completed his initial training and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. In reviewing the applicant's records, it is noted that the applicant consistently used the name P--- KC B----- throughout his military service. Every document in his military records that required his signature reflects this same name and corresponding signature.
4. On 6 October 1968, the applicant was honorably released from active duty by reason of overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. On 12 October 1972, he was discharged from the USAR under the same name that he had served under while on active duty.
5. It is noted that the social security number used by the applicant in this application is the same as that used during his military service.
6. The applicant's birth certificate issued on 15 March 1995 shows his name as P--- B-----. The marriage certificate issued on 15 October 1986 shows his name as KC B-----. The certificate of trial juror service for the week of 16 January 2005 shows the applicant's name as KC B-----. Correspondence from the Social Security Administration to the applicant, dated 4 August 2009, shows his name as KC B-----.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his name as shown in his military records should be changed to his current name so that his tombstone will be correct when he dies.
2. The applicant honorably served in the Army under a name different from his current name. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to the name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.
3. It appears that his correct social security number was used during his period of military service and that he is still using that number.
4. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his current name documented in his military record.
6. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090013853
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ABCMR Record of Proceedings (cont) AR20090013853
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